INX media case: SC reserves judgement on Chidambaram's bail plea

Agencies
October 18, 2019

New Delhi, Oct 18: The Supreme Court on Friday reserved judgement on a plea of former Union Minister and Congress leader P Chidambaram against the order of Delhi High Court that dismissed his bail petition in the INX media case.

A bench headed by Justice R Banumathi reserved the judgement on the bail hearing plea after hearing arguments from the counsels of Chidambaram and CBI.

Solicitor General Tushar Mehta, representing the CBI, said, "Illegal investment comes into INX and that the investment also goes out without permission (downstream). There was a downstream investment into other companies of INX without any application. A very scientific and professional investigation has resulted in this chargesheet."

"Sometimes, the position of the accused is such that his presence is enough to influence and intimidate the witnesses. Atleast till some part of the trial is conducted and some material witnesses are examined, the court will face this situation. Chidambaram should not be granted bail till some of the crucial witnesses are examined in trial in INX media case. This is not a usual bail application," Mehta added.

The CBI said that that people are witnessing an era where persons who are accused of financial offences are fleeing the country.

"We have people who have fled the country. They all were responsible people and had a reputation standing in society. They had properties in the country. I am not comparing. We, as a nation are facing this problem. I am not comparing but arguing on this principle. We can't take the risk again," Mehta said.

Lawyer Kapil Sibal, appearing for Chidambaram, said that putting a person in jail for a longer period of time and incarcerating him does not do any good to criminal jurisprudence. "They should present a strong case for arrest after filing chargesheet," he said.

"If their chargesheet has found me guilty, then let them prove it in court during trial. There is no point to bring it all here in a matter of bail. I will answer the allegations in trial," Sibal added.

As Sibal started his arguments, Mehta raised objection to his reference to the 2G spectrum case.

Sibal said, "I can argue the way I want. " Mehta on the other hand, replied, "Don't bring up fairytales."

Sibal replied to Mehta saying, "Sometimes you threaten, sometimes you interrupt."

Amidst the pandemonium, Justice Bhanumathi stepped in and said, "Then sometimes you both smile, laugh and talk to each other."

Sibal said that Chidambaram never submitted an application to travel out of the country.

"Chidambaram never gave an application to travel out of the country. Where can he run away? World knows him. Can we escape trial? It's a spurious, unreasonable and thoughtless to say he has flight risk," he said.

"Solicitor General Tushar Mehta makes the unique argument that Chidambaram will come to the conclusion that he is bound to be convicted and will run away.

What is this new jurisprudence? He has never even once applied for foreign travel," the advocate added.

Sibal alleged that it is a clear purpose of CBI to seek further custody of Chidambaram in order to humiliate him.

Earlier in the day, the CBI filed a chargesheet in a Delhi Court here in connection with the INX media case. P Chidambaram, his son Karti Chidambaram, former media baron Peter Mukerjea among others have been named in the CBI chargesheet.

Chidambaram was arrested by the Enforcement Directorate on Wednesday under the Prevention of Money Laundering Act. A special court had on Thursday sent him to the ED custody till October 24.

Special Judge Ajay Kumar Kuhar, while sending Chidambaram to the custody, allowed an application filed by the Congress leader seeking western toilet, home-cooked food, medicine and a separate cell.

In August, the senior Congress leader was booked by the CBI to probe the charges of corruption in the same case.

In the CBI case, the court extended his judicial custody in Tihar jail till October 24.

The case pertains to an FIR registered by the CBI for alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to INX Media to the tune of Rs 305 crore in 2007 by Chidambaram when he was the Finance Minister.

ED is investigating the alleged offence of money laundering that arose out of the FIR.

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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News Network
May 4,2024

canadaindia.jpg

Canadian Police said they have arrested three Indians they suspect were part of the alleged hit squad that had killed Hardeep Singh Nijjar, a Sikh separatist leader involved with the Khalistan movement, which calls for an independent Sikh state.

Nijjar's killing had become the epicentre of a diplomatic row between India and Canada last year after Prime Minister Justin Trudeau alleged the role of "Indian agents" in the murder. India had rejected the charge as "absurd" and "motivated".

The three arrested Indians - Karan Brar, 22, Kamalpreet Singh, 22, Karanpreet Singh, 28 - were living as non-permanent residents in Alberta for three to five years, said Superintendent Mandeep Mooker, who leads the Integrated Homicide Investigation Team. The police have also released their photos.

They have been charged with first-degree murder and conspiracy to commit murder, showed court documents.

Police said that none of the suspects were known to them earlier and they were investigating their possible ties to the Indian government.

The murder remains "very much under active investigation," Royal Canadian Mounted Police (RCMP) Assistant Commissioner David Teboul told a press conference on Friday.

"There are separate and distinct investigations ongoing into these matters, certainly not limited to the involvement of the people arrested today, and these efforts include investigating connections to the government of India," CTV News quoted him as saying.

Nijjar, a Canadian citizen who was wanted in India on various terror charges, was shot dead outside a gurdwara in Surrey on June 18, 2023. Trudeau's charge against India sparked a massive row later that year with both countries expelling diplomats of the other country.

A fresh row erupted earlier this week after separatist slogans on 'Khalistan' were raised at an event addressed by Trudeau, prompting New Delhi to summon their Deputy High Commissioner and lodge a strong protest.

On the sidelines of the event, Trudeau told reporters that Nijjar's killing had created a "problem" that he could not have ignored.

India rejected his comment and said it once again showed Canada provides political space given to separatism, extremism, and violence. "This not only impacts India-Canada relations but also encourages a climate of violence and criminality in Canada to the detriment of its own citizens," foreign ministry spokesperson Randhir Jaiswal said.

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News Network
April 26,2024

phase2.jpg

Voting has begun in 88 constituencies across 13 states and Union Territories amid a furious row between the Congress and the BJP over manifesto and inheritance tax. Election will be held on all seats of Kerala, a chunk of Rajasthan and UP.

Key points

Elections for the second phase will be held for 20 seats of Kerala, 14 seats in Karnataka, 13 in Rajasthan, eight each in Uttar Pradesh and Maharashtra, seven in Madhya Pradesh, five each in Assam and Bihar, three each in Bengal and Chhattisgarh and one each in Jammu and Kashmir, Manipur and Tripura.

Earlier, 89 constituencies were expected to vote in this phase. But polling in Betul, Madhya Pradesh, was rescheduled after the death of a candidate from Mayawati's Bahujan Samaj Party. Betul will now vote in the third phase, due on May 7.

Key candidates for this round include the BJP's Union minister Rajeev Chandrashekhar  -- up against Congress' Shashi Tharoor from Thiruvananthapuram; actors Hema Malini, and Arun Govil from 1980s iconic serial Ramayan, senior BJP leader Tejasvi Surya and Lok Sabha Speaker Om Birla,  Congress' Rahul Gandhi, KC Venugopal, Bhupesh Baghel. and Ashok Gehlot's son Vaibhav Gehlot.

For both BJP and the Opposition, the most crucial states in this phase will be Karnataka and Kerala. Karnataka is the only BJP bastion in the south, where the Congress won in the last assembly election. The party is hoping to do well amid concerns about delimitation and the disadvantage southern states could face after it.

Further south, the BJP is trying to break into the bipolar politics of Kerala. The party is hoping to open its account in the state having fielded Union ministers Rajiv Chandrasekhar and V. Muraleedharan. In Wayanand, a Congress bastion for over 20 years, it has fielded its state unit president K Surendran against Rahul Gandhi.

For the Opposition, Kerala is a big shining hope. Even though the Left and the Congress are competing against each other in the southern state, victory by either will add to the tally of the Opposition bloc INDIA. Kerala is one of the few states that have never sent a BJP member to parliament.

With north, west and northeast India saturated, the BJP is hoping to expand in the south and east in their quest for 370 seats. The party had won 303 seats in 2019, a majority of them from the Hindi heartland and bastions new and old, including Gujarat and the northeast.

The Congress, though, has claimed it would post a much better performance compared to 2019. After the first phase of the election, their claims have got louder, especially in Rajasthan and western Uttar Pradesh. Rashtriya Janata Dal chief Tejashwi Yadav has claimed INDIA will win all five seats in Bihar.  

The election is being held amid a bitter face-off between the Congress and the BJP. The row was sparked by Prime Minister Narendra Modi's comment that the Congress, if voted to power, will redistribute the personal wealth of people among "infiltrators" and won't even spare the mangalsutras of women. The Congress has questioned if the people had to fear for their wealth and mangalsutras in 55 years of the party's rule and accused the BJP of sidestepping issues that matter.

The next phase of election is due on May 7. The counting of votes will be held on June 4 – three days after the seventh and last phase of election on June 1.

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